بسم الله والحمد لله
والصلاة والسلام على رسول الله ، وبعد
The following is one of the chapters from the book of Shaikh `Abdul
Rahmaan Ibn Naser al-Sa`dee رحمه الله, “al-Qawaaid wal-Usool al-Jaami`ah”, with
the brief comments by Shaikh Muhammad Ibn Saaleh al-`Uthaymeen رحمه الله. The following points
are covered under this chapter:
Definition
Justice does not
mean equality
Between punishment
and patience
When it is better
not to forgive
Justice in
retaliation
Justice should be a
part of everyday life
Hardship opens the
door to relief
An eye for an eye
The motivation to
do favors
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DEFINITION:
Shaikh al-Sa`dee رحمه الله said:
العدل (Justice): is that you give which is upon you in the same way as
you would claim that which is for you.
الفضل (Favor): it can be “real act of kindness” or “doing more than
what is obligatory”. [1]
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Shaikh Muhammad Ibn Saaleh al-`Uthaymeen رحمه الله commented:
[1]
Example of “real act of kindness”: A person gives away 100 Riyals as charity.
Example of “kindness over what is required”: a person owes 100
Riyals (to a labor for his services) but instead he gives him 110 Riyals. (This
extra 10 Riyals is an act of kindness over what was required).
JUSTICE DOES NOT MEAN EQUALITY:
Shaikh Ibn al-`Uthaymeen رحمه الله continues:
Here we need to know is that what is required is العدل (Justice)
and not المساواة
(Equality),
as we hear or read from some of the writers that from the religion of Islaam is
that it is the religion of Equality. But nowhere is it mentioned in the Qur’aan
or the Sunnah that the Deen of Islaam is the Deen of Equality. Allaah تعالى neither commanded (the rule
of) Equality nor did He تعالى praise it. Rather, most of the time what
is mentioned in the Qur’aan in regards to Equality is the negation of Equality
not its affirmation.
Allaah تعالى says:
﴿لَا يَسْتَوِي مِنكُم مَّنْ أَنفَقَ مِن قَبْلِ الْفَتْحِ وَقَاتَلَ﴾
{Not equal among you are those
who spent and fought before the conquering (of Makkah) (with those among you
who did so later)} [Surah al-Hadeed (57): 10]
And His تعالى saying:
﴿هَلْ يَسْتَوِي الْأَعْمَىٰ وَالْبَصِيرُ﴾
{Are the blind and the one who sees equal?}
[Surah al-Maaidah (5): 50]
And His تعالى saying:
﴿قُلْ هَلْ يَسْتَوِي الَّذِينَ يَعْلَمُونَ وَالَّذِينَ لَا
يَعْلَمُونَ﴾
{Say: “Are those who know equal to those who know not?”} [Surah
al-Zumar (39): 9]
The verses in this regards are many. The call for Equality might
be true (to some extend), but the intent behind it is evil. They intend with it the Equality between men
and women, between a freeman and a slave, between the owner and the owned and
what is similar to that*. But what Allaah
تعالى has commanded is العدل (Justice)
– i.e. giving every rightful person his rights and this is what is in
accordance with the Sharee`ah.
Allaah تعالى said:
﴿إِنَّ اللَّـهَ يَأْمُرُ بِالْعَدْلِ وَالْإِحْسَانِ﴾
{Verily, Allaah enjoins Al-`Adl and Al-Ihsaan}
[Surah al-Nahl (16): 90]
The call for Equality is popular among the people but it is wrong.
The best is what Allaah تعالى has conveyed us i.e. العدل (Justice).
For example: If you decide to give something to your children: the justice here
is to give the boy twice of what is given to the girl. But the one who speaks
about equality will say that they should be given equally.
*[Translator’s Note: Further
to this point, the worst type of Equality is when some people try to Equate
between Allaah تعالى and other false “gods”; between Islaam and
other false religions; between Sunnah and Bid`ah; between the Muslimeen and the
Mujrimeen (those who associate others with Allaah); between the Mu’mineen and the
Faasiqeen (disobedient); between the Muttaqeen (pious) and the Fujjaar (wicked);
between the Muhsineen (those who do good deeds) and the Mufsideen (evil doers).
If this was done by someone outside of Islaam, then we would have paid no
attention to him. But the reality is that this is done by those who profess
Islaam as their religion, but celebrate and participate in pagan festivals like
Christmas, Halloween, Ganpati (a Hindu festival), Holi (Hindu festival of
colors), Diwali (Hindu festival of light), etc.]
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BETWEEN PUNISHMENT AND PATIENCE:
Shaikh al-Sa`dee رحمه الله said:
Allaah تعالى said:
﴿وَأَقْسِطُوا ۖ إِنَّ اللَّـهَ يُحِبُّ الْمُقْسِطِينَ﴾
{and act justly, indeed, Allaah
loves those who act justly} [Surah al-Hujuraat (49): 9]
Allaah تعالى also
said:
﴿وَإِنْ عَاقَبْتُمْ فَعَاقِبُوا بِمِثْلِ مَا عُوقِبْتُم بِهِ ۖ وَلَئِن صَبَرْتُمْ لَهُوَ
خَيْرٌ لِّلصَّابِرِينَ﴾
{And if you punish [an enemy, O
believers], punish with an equivalent of that with which you were harmed. But
if you are patient - it is better for those who are patient.}
[Surah al-Nahl (16): 126] [2]
*****************************************************************************
Shaikh Muhammad Ibn Saaleh al-`Uthaymeen رحمه الله commented:
[2]
The Justice here is in the saying of Allaah تعالى is: {then punish them with the like of that with which you
were afflicted}. And the Favor is in His تعالى saying: {But if you endure patiently}.
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WHEN IT IS BETTER NOT TO FORGIVE:
Shaikh al-Sa`dee رحمه الله said:
Allaah تعالى said:
﴿وَجَزَاءُ سَيِّئَةٍ سَيِّئَةٌ مِّثْلُهَا ۖ فَمَنْ عَفَا وَأَصْلَحَ
فَأَجْرُهُ عَلَى اللَّـهِ﴾
{The recompense for an evil is
an evil like thereof, but whoever forgives and makes reconciliation, his reward
is due from Allaah.} [Surah al-Shooraa (42): 40] [3]
*****************************************************************************
Shaikh Muhammad Ibn Saaleh al-`Uthaymeen رحمه الله commented:
[3]
The saying of Allaah تعالى: {but
whoever forgives and makes reconciliation}, i.e. only if by forgiveness
he (the perpetrator) can be reformed. This constraint is applied in all the
textual evidence where the merit of العفو (forgiveness,
pardon) is mentioned. Verily, it is essential that forgiveness should consist
of reformation; for forgiveness without reformation is not beneficial and not commendable.
For example: If a person wrongs another and he is known for his wickedness and
aggression, then it is not from reformation that he should be forgiven. This is
because he will only persist in his evil. But if a person became aggressive (and
wrongs someone) while he is known for his politeness and non-aggression, but he
slipped and did a wrong; then pardoning him is a means to reform him.
Similarly, in case of traffic accidents, if a person who caused it
is known for his reckless driving, carelessness for the traffic rules and lack
of concern for the public safety, if the authority spares and pardons him, then
this pardoning is not in the general interest (of the society). Rather, what is
beneficial is that he should be made to pay for the damages and then punished
accordingly.
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JUSTICE IN RETALIATION:
Shaikh al-Sa`dee رحمه الله said:
Allaah تعالى permitted
that the wrongdoer should be made to compensate equivalent to the damage done –
and this is Justice. Thereafter if he is pardoned – then this is a Favor (upon
him). [4]
*****************************************************************************
Shaikh Muhammad Ibn Saaleh al-`Uthaymeen رحمه الله commented:
[4] A Question: If a person attacks another person and tears
his Thobe (dress), so should the one who is wronged be made to retaliate by
tearing the Thobe of the one who attacked?
Answer: Some of the scholars said: No, he should not
tear (the Thobe of the attacker) unless the Thobe is similar to his own so that
justice is served between the two actions. If the Thobe of the one being
attacked was of inferior quality which does not exceed Ten Riyals, but the
other one (the attacker) has the Thobe which costs Hundred Riyals, then his
Thobe should not be torn.
Other scholars said: This returns back to the judgment of the
judge. If he sees that it is better to let the one who was wronged to retaliate
for the offence of equal nature, then this is good, and this is justice; even
if the value of the Thobe (of the wrongdoer) is much greater than the one which
was torn in the first place. The issue here is more regarding the morality
rather than the monetary value. If a person hit another person on his head or
his back, then the justice is that he should be allowed to hit back. But there
is an issue here, if the one who was wronged were allowed to retaliate by
himself, he would hit the offender with a force stronger than what he had
himself sustained. Therefore, the one who was wronged is advised to authorize
someone on his behalf who can hit the offender in the similar way; and upon the
one who is authorized should deal with justice.
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JUSTICE SHOULD BE A PART OF EVERYDAY
LIFE:
Shaikh al-Sa`dee رحمه الله said:
Similarly, Justice is an essential part of everyday dealing
and transaction, i.e. giving what is due upon you and receiving what is for
you, while being gracious in it is recommended.
Allaah تعالى said:
﴿وَلَا تَنسَوُا الْفَضْلَ بَيْنَكُمْ﴾
{And do not forget graciousness between yourselves}
[Surah al-Baqarah (2): 237]
{Graciousness}, here is for العفو (pardoning), i.e.
forfeiting some of the rights and being generous in the dealings. Allaah تعالى permitted to demand immediate repayment of the debt from the
one who has the means, but He تعالى commanded to give
some respite to the insolvent; and this is Justice and then (there is encouragement
towards changing it to) a Favor, as Allaah تعالى said:
﴿وَإِن كَانَ ذُو عُسْرَةٍ فَنَظِرَةٌ إِلَىٰ مَيْسَرَةٍ ۚ وَأَن تَصَدَّقُوا خَيْرٌ
لَّكُمْ ۖ إِن كُنتُمْ تَعْلَمُونَ﴾
{And if the debtor is in a hard
time (has no money), then grant him time till it is easy for him to repay, but
if you remit it by way of charity, that is better for you if you did but know.}
[Surah al-Baqarah (2): 280]
And Allaah تعالى made it
permissible to mix the affairs of the orphans in terms of food and drink, that
it should be carried out based on justice accompanied with favor while taking
precaution (of not devouring their wealth). Allaah تعالى said:
﴿وَإِن تُخَالِطُوهُمْ فَإِخْوَانُكُمْ ۚ وَاللَّـهُ يَعْلَمُ الْمُفْسِدَ
مِنَ الْمُصْلِحِ﴾
{And if you mix your affairs
with theirs, then they are your brothers. And Allaah knows him who means
mischief from him who means good} [Surah al-Baqarah (2): 220] [5]
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HARDSHIP OPENS THE DOOR TO RELIEF:
Shaikh Muhammad Ibn Saaleh al-`Uthaymeen رحمه الله commented:
[5] This
is part of the principle: (المشقة تجلب التيسير) “Hardship opens the door to relief”,
because of the saying of Allaah تعالى:
﴿وَإِن تُخَالِطُوهُمْ فَإِخْوَانُكُمْ ۚ وَاللَّـهُ يَعْلَمُ الْمُفْسِدَ
مِنَ الْمُصْلِحِ ۚ وَلَوْ شَاءَ اللَّـهُ لَأَعْنَتَكُمْ﴾
{And if you mix your affairs
with theirs, then they are your brothers. And Allaah knows him who means
mischief from him who means good. And if Allaah had wished, He could have put
you into difficulties.} [Surah al-Baqarah (2): 220]
Meaning: (Had Allaah تعالى so Willed),
He تعالى could have made it
difficult for you my making you prepare the food for the orphans from their
wealth in a separate container, and your food (from your wealth) in a separate
container. But Allaah تعالى (out of His Generosity) made it
permissible to mix the wealth of the orphans, that which is related to their
food and drink, with the wealth of their caretaker so that it does not become
difficult and tiring for them.
=======================================================================
AN EYE FOR AN EYE:
Shaikh al-Sa`dee رحمه الله said:
Allaah تعالى said:
﴿وَكَتَبْنَا عَلَيْهِمْ فِيهَا أَنَّ النَّفْسَ بِالنَّفْسِ وَالْعَيْنَ
بِالْعَيْنِ وَالْأَنفَ بِالْأَنفِ وَالْأُذُنَ بِالْأُذُنِ وَالسِّنَّ بِالسِّنِّ
وَالْجُرُوحَ قِصَاصٌ﴾
{And We ordained therein for
them: “Life for life, eye for eye, nose for nose, ear for ear, tooth for tooth,
and wounds equal for equal.”} [Surah al-Maaidah (5): 45]
This is justice. [6] Then Allaah تعالى further says:
﴿فَمَن تَصَدَّقَ بِهِ فَهُوَ كَفَّارَةٌ لَّهُ﴾
{But if anyone remits the
retaliation by way of charity, it shall be for him an expiation.}
[Surah al-Maaidah (5): 45]
And this is a favor. And Allaah تعالى says:
﴿لَّا يُحِبُّ اللَّـهُ الْجَهْرَ بِالسُّوءِ مِنَ الْقَوْلِ إِلَّا
مَن ظُلِمَ﴾
{Allaah does not like that the
evil should be uttered in public except by him who has been wronged}
[Surah al-Nisaa’ (4): 148]
Meaning: it has been made permissible for the person
who has been wronged so that he can get his retribution and justice. [7]
********************************************************************************
Shaikh Muhammad Ibn Saaleh al-`Uthaymeen رحمه الله commented:
[6] {And We ordained therein for them}, meaning,
in the Tawraat. {Life for life}, an
elderly, sane, knowledgeable, rich person will be killed (by the authority) as
retribution for killing an infant, this is “life for life”; the sane will be
killed for killing the insane. If a sane person kills an insane person, he
would be killed in retribution. But in no case will a Muslim be killed for
killing a Kaafir, no matter what the condition is, even if there was a treaty
between them or he was under the protection or someone living in Muslim land.
And the saying of Allaah تعالى: {eye for eye}, the only exception in this case
is when the offender has only one eye while the one who was wronged has both
the eyes. So in this case, the eye of the offender will not be put out; because
if we were to do so, then we will be taking away one of his senses, i.e. his
sight; because when he harmed the other person, he harmed (only one of) his eye
but not his sight. This is why the scholars have said that in this case, that
when the perpetrator has only a single eye, his eye will not be taken (as punishment),
but he will have to pay the complete blood money for harming the eye. But if it
comes to knowledge that this one-eyed perpetrator intentionally did that while
he knew that he will not be punished, then in this case, his eye will be taken
out because of the saying of Allaah تعالى: {eye for eye}. There is another opinion in
this matter: the eye will be taken out in any case and it will be said to him
(the single-eyed perpetrator): you have harmed yourself!
And the saying of Allaah تعالى: {tooth for tooth}, no doubt a similar tooth
will be taken out in retaliation. Example, the premolar tooth will not be taken
out for an incisor; but an incisor for an incisor and a molar for a molar.
And the saying of Allaah تعالى: {and wounds equal for equal}. If the offender
wounded someone, then he will be afflicted with a similar wound. But if a
similar wound cannot be afflicted upon him, then he has to pay the blood money
according to the damage he has caused.
[7] If
someone insults you then you can insult him; and if someone defames you, you
can defame him as long as you don’t go into excess. This is why the Prophet صلى الله عليه وسلم
said:
الْمُسْتَبَّانِ مَا قَالاَ فَعَلَى الْبَادِئِ مَا لَمْ يَعْتَدِ الْمَظْلُومُ
{When two men insult one
another, what they say is mainly the fault of the one who began it, so long as
the one who is oppressed does not transgress.}
[Saheeh Muslim (6263)]
Question: What takes place between the people
who have quarreled is that when one of them speaks about the wrongs that have
been done to him, he includes in his speech a lot of backbiting. So is that
also included in the statement of Allaah تعالى: {except by him who has been wronged}?
Answer: It could be likely that the meaning
of the Aayah is for the time when there are quarrels and disputes, but in fact
the meaning is more general than that. It can also be said: “uttering evil in
public”, means complaining to someone in authority who can give back his rights
and restore the damages. But as for backbiting, then this is not allowed.
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THE MOTIVATION TO DO FAVORS:
Shaikh al-Sa`dee رحمه الله:
Despite this, the motivation to do Favors (to
others) is mentioned in the saying of Allaah تعالى:
﴿وَلَا تَسْتَوِي الْحَسَنَةُ وَلَا السَّيِّئَةُ ۚ ادْفَعْ بِالَّتِي هِيَ
أَحْسَنُ فَإِذَا الَّذِي بَيْنَكَ وَبَيْنَهُ عَدَاوَةٌ كَأَنَّهُ وَلِيٌّ حَمِيمٌ﴾
{And not equal are the good
deed and the bad. Repel [evil] by that [deed] which is better; and thereupon
the one whom between you and him is enmity [will become] as though he was a
devoted friend.} [Surah al-Fussilat (41): 34] [8]
So Justice and Favor are the two positions for the
fair minded people, other than this is only oppression.
And from the branches of this principle are: Acts of
worship like: Tahaarah (purification), Salaah (prayer), Saum (fasting), and
Hajj (pilgrimage) and other than them. There are those who lack in fulfilling
that which they have been commanded (and they are the oppressors). Then there
are those who abide by it and this is Justice. But completeness is when a
person does the optional acts of worship after fulfilling the obligatory ones
and this is Favor (upon oneself).
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Shaikh Muhammad Ibn Saaleh al-`Uthaymeen رحمه الله commented:
[8]
This is what changes the hearts. If a person harms you, then you should repel
his harm by doing good to him, even if he was an enemy to you, he will become a
close friends of yours. But for some people, they are led by arrogance to more
crime. They say: this is not possible. He cannot become my friend. We say to
him: Be patient and repel evil with good. Verily, what Allaah تعالى has promised will
happen.
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